Warraich (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr. Warraich for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Direct Entry stream. The dispute centred on whether the applicant met the requirements of clause 186.233 of the Migration Regulations 1994, specifically concerning the nomination of the position of Solicitor. The Tribunal was tasked with determining if the applicant had satisfied all the criteria for this visa subclass, particularly those relating to an approved nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.233, which mandates, among other things, that the position be the subject of an approved nomination in the Direct Entry stream. This clause further stipulates that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration concerning the nominator or associated persons (or such information must be disregarded), the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal reasoned that the applicant had failed to satisfy clause 186.233 because the nomination for the position of Solicitor had not been approved by the department. As this was a fundamental requirement for the visa subclass, and no information to the contrary was presented, the applicant could not meet the criteria for the Direct Entry stream. Consequently, the Tribunal affirmed the decision not to grant the visa.